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MINUTES - 09112001 - SD.5
I - / 1 Contra TO: BOARD.OF SUPERVISORS ' Costa FROM: WARREN E. RUPF, Sheriff-Coroner County DATE: June 25, 2001 SUBJECT: Appeal to the Board by property owner, Terry A. Holcomb, 3127 Diablo View Road, Lafayette; Property Owner: Terry A. & Peggy L. Holcomb/John & Louise Nielsen APN: 169-070-051; Request for Suspension of the Enforcement of AVAP Ord. 95-2 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS: AUTHORIZE the Sheriff to proceed with enforcement of County Ordinance 95-2 requiring the removal of inoperable vehicles or parts thereof from private property located at 3127 Diablo View Rd, unincorporated Lafayette,APN: 169-070-051. DENY the Appeal and DIRECT the Sheriff to proceed with the abatement action as scheduled. II FISCAL IMPACT: ` No impact Ill. BACKGROUND/REASONS FOR RECOMMENDATIONS: On March 30, 2001, at the request of Building Inspection Department personnel, a site inspection was conducted by Vehicle Abatement Officer Lee Timmons, at 3127 Diablo View Rd., unincorporated Lafayette. Three (3) inoperable vehicles were identified-as fitting the parameters of the Abandoned Vehicle Abatement Program. One vehicle has a communications tower mounted on the bed of the truck. The vehicles were tagged for abatement action. On April 6, 2001, Terry Holcomb contacted Nancy Perry White, Program Coordinator, to discuss the Sheriffs Office's intent to abate his vehicles. Mr. Holcomb requested a hearing but also stated that the vehicles were operable. He was offered an opportunity to start the vehicles for the abatement officer but he refused stating the burden of proof should be on the County to prove they are not operable. On May 7, 2001, an appeal hearing was held before the Zoning Administrator. The decision of the Zoning Administrator was that Mr. Holcomb had seven days to demonstrate to the Sheriff that the 3 vehicles were operable. On May 15, 2001, Mr. Holcomb requested an appeal before the Board of Supervisors. —� On,June 21,2001,Lee Timmons reinspected the site and found the vehicles appeared in the same state of disrepair. III. Supporting Documents; Copies of all memos, lettersand copy of Ordinance 95-2. CONTINUED ON ATTACHMENT: y/YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 11, 2001 APPROVED AS RECOMMENDED XX OTHER CLOSED the Public Hearing; DENIED the appeal of Terry.A. Holcomb; and DIRECTED the Sheriff to proceed with the abatement of inoperable vehicles and .parts thereof at property located at 3127 Diablo View Road, unincorporated Lafayette area. VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY XX UNANIMOUS(ABSENT_=__) OF ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN AYES: NOES: ABSENT: ABSENT: Contact:Nancy Perry White,Coordinator (925)313-2796 ATTESTED September 11, 2001 Abandoned Vehicle Abatement Program THE BOARD E $V ERK OF SORS AND COUNTY ADMINISTRATOR CC: _ Sheriff-Coroner BY CAO, Justice Administration H b x n � !0 a a 0 N 0 0 m rt 10 N N z m O b N rt m •• m W H H H a aA. 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N r7-�ITS-W-N it. rLn A4RU- 405?0" iA94'r`W s � - - -"';12','x: ••`+..-3f �;;z:'*p;: !�,..: :,-ii,., ff r. . .....sem:.. _ $4 i Mt - �ti• v - i. - r`. j:.•' :( ,F - y 1-4 r•..ii 1 '�. t v i�'�la'11� z �Ppj �. . vw WON c " y ! ¢:',i J � � ^.w.�y.� a"4t � it'.� �..•,1 ...v r ,�`�� Y�fY> `J '. 1 G� '^ � k "f u) .:� ..may+:;_,s•S `iYr"""��:.t '4 ler i ..• w+ y.�" I r 1 i , OFFICE OF THE SHEOFF ONARREN E. RUPF Contra Costa County Sheriff Kathryn J. Holmes Field Operations Bureau Undersheriff (925) 313-2500/2600 Date: April 25, 2001 To: Dennis Barry, Director, Community Development From: Capt. George Lawrence, Patrol Division Commande6k/--- By: Nancy Perry White, AVAP Coordinator Subject: Appeal Hearing, Vehicle Abatement Action, APN: 169-070-051 Property Owners: Terry A& Peggy Holcomb/John & Louise Nielsen Background: On March 30,2001, at the request of Building Inspection personnel, a site inspection was conducted by Vehicle Abatement Officer Lee Timmons, at 3127 Diablo View Rd, unincorporated Lafayette. Three (3) inoperable vehicles were identified as fitting the parameters of the Abandoned Vehicle Abatement Program. One vehicle has a communications tower rigged on the bed. The vehicles were tagged for abatement action. On April 6, 2001, all interested parties were notified by both certified and regular mail . .On or about, April1, 2001, Terry Holcomb contacted Nancy Perry White, Program Coordinator, to discuss the Sheriff's Office's intent to abate his vehicles. Mr. Holcomb requested a hearing but also stated that the vehicles were operable. He was offered an opportunity to start the vehicles for the abatement officer but he refused stating the burden of proof should be on the County to prove they are not operable. Authori : Section 22660 of the California Vehicle allows the County to adopt an ordinance establishing procedures for the abatement and removal, as possible nuisances, of abandoned,wrecked,dismantled,and/or inoperative vehicles or parts thereof from private property. Contra Costa County adopted County Ordinance 86-58, establish local abatement procedures for the removal of abandoned, wrecked, dismantled, and/or inoperative vehicles or parts thereof from private property. The ordinance was amended under County Ordinance 95-2 to make the Office of the Sheriff the agency responsible for the enforcement of the provisions of the Abandoned Vehicle Abatement Program. Recommendation: Demonstrate that the vehicles are operable or allowthe Sheriffs Office to proceed with this abatement action. 03/01101 09:32 P. 002 A� ORDINANCE NO. 85- 2 (Abandoned Vehicle Abatement Ordinance Amendments- Administration and Enforcement) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends County Ordinance Code Division 430 to designate the Sherif to administer and enforce the provisions of the Abandoned Vehicle Ordinance, and to clarify the provisions on entry onto private property. SECTION II. Section 430-4.014 is added to the County Ordinance Code, to define the term "enforcement officer" to read: 4304.014 Enforcement Officer. "Enforcement Officer" refers to the Sheriff as the official responsible for administering and enforcing the provisions of this division. (Ord. 95. 2§2.) SECTION 111. Chapter 430-6 of the County Ordinance Code is amended, to designate the Sheriff as the County official responsible for administering the provisions of Division 430, Abandoned Vehicle Ordinance, and to delete all references to the Director of Building Inspection, to read: CHAPTER 430.6 ADMINISTRATION AND ENFORCEMENT 430-6.002 Enforcement Authority. The Sheriff is designated the enforcement officer for this division. The Sheriff and his regularly salaried full-time employees shall be responsible for enforcing and administering this division pursuant to Vehicle Code Section 22663. In the enforcement of this division, such employees and other persons duly authorized by the Sheriff may enter upon private or public property to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle and to remove or cause the removal of an abandoned vehicle. (Orris. 95.L_§3,'86-58 §3, 77-112.) 450-6.004 Abatement The enforcement officer may have abandoned vehicles abated and/or removed in accordance with the procedure prescribed in this division. (Ords. 95-_Z_§3, 86-58 §3, 77-112.) 430-6.006 Notice of Intention. (a) Notice. The enforcement officer shall mail a ten- day notice of Intention to abate and remove an abandoned vehicle as a public nuisance, by registered or certified mail, to the owner of the land, anyone known to be in possession of the land and the owner of the vehicle, unless the vehicle is In such condition that identification numbers are not available to determine ownership, or unless the property owner and the vehicle owner have signed releases authorizing removal and waiving further Interest in the vehicle or parts thereof. 03101x01 09:33 P. 003 O (b) Contents. The notice shall contain an estimate of the cost of abatement (including administrative and removal costs) and a statement that this cost may be levied as a special assessment on the landowner's land (parcel). It shalt contain a statement of the possessor, property and vehicle owner's hearing rights and notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on his or her land, with reasons for such denial, in lieu of appearing. (Ords. 95-2 §3, 88-58 §3, 77-112.) 430-6.008 Ingwmble non4wml le VehMs. (a)This chapter's notice of intention Is not required for removal of a vehicle or part thereof which is Inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, and is valued at less than two hundred dollars by a person specified in Vehicle Code Section 22855; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such a low valued vehicle or part for which evidence of registration was recovered,the enforcement officer shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice Is mailed from a location specified in Vehicle Code Section 22662,final disposition may proceed. The County, the enforcement officer or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (b) This section applies only to inoperable vehicles located upon a parcel that Is: (1) zoned for agricultural use: or(2) not improved with a residential structure containing one or more dwelling units. (Ords. 95-2§3, 86-58 §3, 84-64 §2: Vehicle Code §22661.) SECTION IV. Chapter 430-8 of the County Ordinance Code is amended to delete all references to the Director of Building Inspection and to substitute to substitute Chapter 430-8 hearings and appeals. CHAPTER 430-8 HEARINGS AND APPEALS 430-6.002 Hearing Requests. (a) Request. Within ten days after the mailing date of the notice of intention to abate and remove, the vehicle owner, landowner or possessor of property may request the zoning administrator for a public hearing on the question of abatements and removal and the estimated cost thereof. (b) Discharge. If, within this ten day period, the landowner submits�a sworn written statement denying responsibility for the presence of the vehicle on his land with his reasons for such denial, said statement shall be construed as a request for a hearing which does not require his presence. (c) Notice. The zoning administrator shall immediately notify the enforcement officer of any such requests or disclaimer. (Ords. 95- 2 §4, 86-58 §3, 77-112.) 03101101 09:34 O • P. 004 4304.004 No Hearing. If no disclaimer or request for hearing Is received within the ten day period,the enforcement officer or any person he or she authorizes shall abate and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be collected pursuant to Chapter 430.12. (Orris. 95-_Z_§4, 86-58 §3, 77-112.) 430-8.006 Hewing Notice. When a hearing is requested,the zoning administrator shall mail notice of the hearing at least ten days before the hearing date, to the enforcement officer,the landowner, any known possessor of the parcel, and to the vehicle owner unless the vehicle is in such condition that Identification numbers are not available to determine ownership. (Ords. 95-_Z_§4, 86-58 §3, 77-112.) 4308.008 Hearings. All hearings under this division shall be held before the zoning administrator who shall receive all evidence he or she deems material, including the condition of the vehicle or parts thereof, the circumstances of its abandonment and location and the estimated cost of the abatement. The zoning administrator shall not be limited by the technical rules of evidence. The landowner may appear in person or present a sworn written statement, in time for consideration at the hearing, denying responsibility for the presence of the vehicle on his or her land with reasons for such denial. (Oros, 95-_2,§4, 86-58 §3, 77-112.) 430-8.010 Decisions. (a) The zoning administrator may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this division. He or she may delay the time for removal of the vehicle or parts thereof, if In his or her opinion, the circumstances Justify it. At the conclusion of the public hearing, the zoning administrator may find that there is an abandoned vehicle and order it abated and/or removed as a public nuisance and disposed of as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring removal shall include a description of the abandoned vehicle and the correct identification number and license number of the vehicle If available. (b) If It is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence,the zoning administrator shall not assess the cost of abatement(administration and removal)against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. (Ords. 95-_.L-64, 86-58 63, 77-112.) 430-8.012 Notice of Decision. if an interested party makes a written presentation to the zoning administrator but does not appear, he or she shall be notified In writing of the decision. (Orals. 95-,?,_§4, 86-58 §3, 77-112.) 430-8.014 Appeals. (a) The enforcement officer, the landowner, any known possessor of the parcel or the vehicle owner may appeal the zoning administrator's decision by filing a written notice of appeal within ten calendar days after his or her decision. The toning administrator shall promptly transmit the proceedings to the Board 03/01101 09135 O • P. 005 of Supervisors. (b) The Board's clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section 430-6.006(a). (c) The Board shall promptly hear such appeal, and may affirm, amend, or reverse the order, or take other action it deems appropriate. It shall not be limited by the technical rules of evidence. (Ords. 95-_�§4, 86-58 §3, 77-112.) SECTION V. Section 430-10.004 of the County Ordinance Code is amended to delete the reference to the "Director of Building Inspection" and to substitute "enforcement officer," to read: 430-10.004 Notify D.M.V. Within five days after removal of an abandoned vehicle, the enforcement officer shall so notify the Department of Motor Vehicles, identifying the vehicle or parts, and send it any evidence of registration available including registration certificates, certificates of title and license plates. (Ords. 95-„2,_§5, 86.58 §3, 77-112: Vehicle Code §22661). SECTION VI. Section 430-10.006 of the County Ordinance Code is amended to delete the reference to the "Director of Building Inspection” and to substitute "enforcement officer", to read: 430-10.006 Cost Record. The enforcement officer shall prepare an itemized written account of his or her expenses incurred to abate the nuisance where it Is proposed to collect costs pursuant to Chapter 430-12. Until such report is completed, no abatement costs(including administration)will be placed as a special assessment against the parcel of land. (Ords. 95- 2 §7, 86-58 §3, 77-112.) SECTION VII. Section 430-12.004 of the County Ordinance Code is amended to delete the reference to the "Director of Building Inspection" to "enforcement officer," to read: 430-12.004 Notice of Assessment The enforcement officer shall record-at the office of the county recorder and deliver to the auditor-controller,a certificate substantially in the following form: "NOTICE OF ASSESSMENT AND ABATEMENT LIEN" (Abandoned Vehicle Abatement Cost) Pursuant to Vehicle Code §22660, Government Code §25845, and Ordi- nance Code §430-12.002, Contra Costa County abated an abandoned vehicle nuisance on the parcel of real property described below, of which the named person(s) is the owner on the last equalized assessment roll and fixed the below-shown amount as the cost thereof and hereby, claims a special assessment against said parcel for this amount. 09101/Q11 09e96 P. 006 O • 1. RECORD OWNER(S).. ............................... ............ LAST KNOWN ADDRESS:........................................... 2. POSSESSOR(S) (if different from owner):........................ LAST KNOWN ADDRESS:........................................... 3. DATE ABATEMENT ORDERED: ..................................... 4. DATE ABATEMENT COMPLETED:.......... ..... 5. PARCEL: Real property in Contra Costa County, Califomia:County, Assessors parcel #...........(Other description where needed]: S. AMOUNT OF ABATEMENT (ASSESSMENT) COST:$........................................... Dated:..... Contra Costa County By,.. ............. Enforcement Officer' (Ords. 95•? _§7, 88-88 §12, 88-58 §3, 77-112). SECTION VIII. EFFECTIVE DATE.This ordinance becomes effective thirty(30)days after passage, and within fifteen (15) days after passage shall be published once with the names of the Supervisors voting for and against It in a newspaper published in this County. PASSED on January 10, 1995 , by the following vote: AYES: supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN. None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Chairpe sdn of the Board yjwob -03/01/01. 09:36 P. 007 O ORDINANCE NO. 86-56 Vehicles ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official. text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY . This ordinance provides for the director of building inspec�" t o's administration of the County' s Abandoned Vehicle Ordinance. SECTION II . Section 430-2.004 of the County Ordinance Code is amended to read as follows: 430-2.004 Authority, findings, nuisance. (a) Authority. This division is—enacted pursuant to California Vehicle Code Sections 22660, 22661, 22662, 22663 and 22671 , and Government Code Section 25845. (b) Findings. The board finds and declares that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private and public property not including highways creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance Creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the public health, safety and general welfare. (c) Nuisance. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, constitutes a public nuisance which may be abated as such in accordance with the provisions of this division and code. (Ords. 86- 5852 , 84-64 S1 , 77-112 . ) SECTION III . Chapters 430--6, 430-8 , 430-10 , and 430-12 of the County Ordinance Code are amended to read as follows: Chapter 430-6 ADMINISTRATION AND ENFORCEMENT 430-6. 002 Buildina Inspection. The provisions of this divas on shall be administered and enforced by the director of building inspection and his regularly salaried full-time employees pursuant to Vehicle Code Section 22663 . In the enforcement of 430-6. 002 BuildW' Inspection. The provis s of this division shall be adm stereo and enforced by tvdirector of building inspection and his regularly salaried full-time employees pursuant to Vehicle Code Section 22663. In the enforcement of this division such employees and other persons duly authorized by the director of building inspection may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of an abandoned vehicle. (Ords. 86- 5853, 77-112 . ) 430-6 . 004 Abatement. The director of building inspection may have abandoned vehic es abated and/or removed- in accordance with the procedure prescribed in this division. (Ords. 86-58 53, 77-112 . ) 430-6 .006 Notice of intention: (a) Notice. The director of building inspect on shall mail a ten-day notice of intention to abate and remove an abandoned vehicle as a public nuisance, by registered or certified mail, to the owner of the land, anyone known to be in possession of the land and the owner of the vehicle, unless the vehicle is in such condition that.:,: identification numbers are not available to determine ownership, or unless the property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. (b) Contents . The notice shall contain an estimate of the cost of abatement (including administrative and removal costs ) and a statement that this cost may be levied as a special assessment on the landowner ' s land (parcel) . it shall contain a statement of- the possessor, property and vehicle owner's hearing rights and notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on his land, with his reasons for such denial, in lieu of appearing. -svaLL'melll. VL L►4G rvv.+. ......w ► c- -r -- -� rights and notice toWe property owner that he ay appear in person at a hearing may submit a sworn writtd statement denying responsibility for the presence of the vehicle on his land, with his reasons for such denial, in lieu of appearing. (Ords. 86-_UL§3, 77-112. ) 430-6 .008 Inoperable nontowable vehicles. (a ) This chapter' s notice of intention is not requ red or removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, and is valued at less than two hundred dollars by a person specified in the Vehicle Code Section 22855; provided, that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof, prior to final disposition under Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered, the director of building inspection shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed. The county, director of building inspection or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (b) This section applies only to inoperable vehicles located upon a parcel that is: ( 1) zoned for agricultural use; or ( 2 ) not improved with a residential structure containing one or more dwelling units. (Ords. 86- 58 53, 84-64 $2: Veh.C. $22661. ) -2- ORDINANCE NO. 86- 58 BLDG INSP INQUIRY -- ENTEOARCEL NBR 169 - 070 - 05J& aaaaaaaaaaa WARM N THIS PARCEL PCL NO 169-070-051-1 SITE 3127 DIABLO VIEW RD LAF USE CODE 13 80.0W T OWNR HOLCOMB TERRY A & PEGGY L NOTF 3127A DIABLO VIEW RD 94549 B NIELSEN JOHN & LOUISE LAFAYETTE CA BUILDING INSPECTION ****** ******************** ** SITE DESC DIABLO VIEW ACRES #1 PORLOT 21 NTC TO FROM 169-070-001-6 SCHOOL FEE 0 ACRE 0 .815 ***** TRA 79145 **** PARK DED CEN-TRT 3260 .00 CONSOLIDATED FIRE DRNGE FEE 2578 ZONING R-20 CENTRAL SANITARY SEISMIC ZN FLD HZD ZN EL MT DIABLO UNIFIED SUP DIST 2 TRACT -AOB CENTRAL COUNTY **PERMITS** AG DP AR NUMBER CD TYPE SP ISSUED LAST ACT ST CLASS LIC NO CC PL DD 2100-90 LP HOCC 10/24/1990 SR CC BI 3 RF000777 RF 08/24/2000 03/19/2001 lY CC BI 2 0000164320 CG 06/26/1990 06/15/1993 E CC BI 5 0000130691 D 01/27/1987 04/26/1989 F CC BI 2 0000135776 R 07/08/1987 04/20/1989 F 04/06/2001 LFP2765 HIT PAI FOR PERMIT OVERFLOW LFF2765 A m m —3 Postage $ 43 "IJ ti CertifiedFee -n Return Receipt Fee Postmark ndorsement Required) Here estricted Delivery Fee 7 Endor ement Required) :3 Total Postage is Fees 1 �-1 11 sent to ----------------------- ------------------------------------ :3 tree,Apt.pyo.;or PO Box No. C/ty,Stato,ZfP+4 ---------------------------------------------------------------------- OCONTRA COSTA d&TY. CODE COMPLIANCE REFERRAL FORM REFERRAL FROM- R EFERRAL DATES 41 EXT: Violation description- S�a;z�tce G . 1il�?/+2Dic(S ��TE�IstLs _c.v5 �.�c<o,J �ufrs . �Fa??fico ':__. -w1b11 !bt„rZCE �ENIGC.E 1R:rILE:2 �n.' ¢2�0�727�. I.e.,abandoned vehicle,abandoned home,trash/garbage,zoning,fire hazard, health hazard, hazardous materials,code Infraction,weeded lot,road condition,peddler, 1 Address Location: - 3 i��•A biABco Nearest cross street €464A;l 11Iu 17-)114D Unincorporated area: LAFAYc rTE City: Parcel#: ���� '��7C`�� Thomas Bros. Coord:_ Complainant (confidential) optional: Z:13-ri-cz -Be4l4h"J fi ��✓sper>Is;J Address: 1651 PSE z�rk'r--r - ¢ Fl��.�' Phone Sas-J13FI REFERRAL SENT TO: ,ENVIRONMENTAL HEALTH _BUILDING INSPECTION _ZONING ADMINISTRATION Irf#. 1 _PUBLIC WORKS 1Z SHERIFF 9G OTHER(SPECIFY HAz-H*j _FIRE(DISTRICT) 1)Send original of this completed form to department(s)for referral. 2)Keep copy for your files 3)Return copy with above Information to:John Gregory(646-4089),County Administratots Office 651 Pine St., 11th Floor,Martinez,CA 94553 Date of contact: Contact by: (phone, visual, letter) Investigation findings: (use back of page if necessary) Investigated by: Department: 4 Date: Phone Follow up by this Dept? _If yes, Date Resolved: es no Explanation LIS Referral# INITIAL REFERRAL LAST REFERRAL SUPERVISORIAL DISTRICT:#1_,,,_#2—#3_#4_#5 Mail copy of completed form to John Gregory and referring department. 'rTA 2-il (�lTlllTlll lit �lTlTtl-ii Cn,J'_11cT (Offirr of thr �ltrriff Warren E.Rupf Sheriff NOTICE OF INTENT TO ABATE ABANDONED VEHICLES MR. &MRS. HOLCOMB DATE:04/06/01 3127A DIABLO VIEW ROAD APN: 169-070-051-1 LAFAYETTE, CA 94549 RVS: 01-550 Vehicle(s) were observed by this Department, (see attached inventory on property owned by or under your control, in an abandoned condition. County Ordinances 95-2 requires the removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts thereof from public or private property. Said vehicle(s) are in violation of this Ordinance and must be removed. If you do not remove these vehicles, the Sheriff s Office will remove the vehicle(s) and a minimum cost of$115.00 per vehicle will be billed to you. Failure to pay the bill will result . in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS . If you contend that these vehicle(s) are not subject to abatement you are .entitled to a hearing. You may request a hearing by contacting the Contra Costa County .Sheriffs Office in writing, stating the reason for a denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by the Sheriffs Office at no expense to you. If the vehicle(s) belong to a tenant residing on your property you are responsible for the property and will be billed accordingly. If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (925) 313-2659. Sincerely, WARREN E. RUPE, Sheriff LEE A. TIMMONS, Abandoned Vehicle Abatement Officer 1980 Muir Road a Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...." o, r _ r✓:,� ti a Qq111111I11 !If (911111r-Li (911!iIi1 Wfirr of iltr -;Itrriff Warren E.Rupf Sheriff NOVICE OF INTENT TO ABATE ABANDONED VEMCLES MR. & MRS. J. NIELSEN DATE:04/06/01 3127A DIABLO VIEW ROAD APN: 169-070-051-1 LAFAYETTE, CA 94549 RVS: 01-550 Vehicle(s) were observed by this Department, (see attached inventory on property owned by or under your control, in an abandoned condition. County Ordinances 95-2 requires the removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts thereof from public or private property, Said vehicle(s) are in violation of this Ordinance and must be removed. If you do not remove these vehicles, the Sheriff's Office will remove the vehicle(s) and a minimum cost of$115.00 per vehicle will be billed to you. Failure to pay the bill will result in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing. You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing, stating the reason for a denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by the Sheriff's Office at no expense to you. If the vehicle(s) belong to a tenant residing on your property you are responsible for the property and will be billed accordingly. If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (925) 313-2659. Sincerely, WARREN E. RUDE, Sheriff LEE A. TIMMONS, Abandoned Vehicle Abatement Officer 1980 Muir Road o Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...." O CONTRA COSTA COL*Y OFFICE OF THE SHERIFF 1980 Muir Rd. Martinet, CA 94553 Date:_ �3pZ0/ Referenced Vehicle-Sheriff#:• 61 :_5: e7 Assessors Parcel Number: /01"F- ©?o —06-/.-/ (1) Property Description: • Location_'�?,/,2 A DjAt3LO V1,EU1 RD ZAEAVF77'E 9ysy9 Property Description RESiL)�/1177A4 2 Owner: Property Owner 72:i�RY r- PQGGIr 4/aLcomA /xi/ Address -3/;Z7 i4 • d01A134y Vjrw RD- �lAlAYET7-,ar VEHICLE DESCRIPTION (1) Year 1,170 Make Donje Model 7R i/c-&- Color!gpj.N' Lic.# /LV4c VIN Q1,!J,3. Si Lic Exp Date: 3 s3j-q;E Registered Owner A - .1104cr,"a Lggal Owner. S tgyrt - Buyer. (1) Year U10( Make Q Op ogc Model AUcx f1723pColbr Lc.# UJV/: VIN _ I B E A_SJ 0 2a5� Lic EmDate• LJ/V'11(- -Registered Owner. Legal Owner Buyer. (1) Year i. IVA" Make 1 OD6E Model � � = 1 -C�lo� ►:Y Lic.# (1ikkV•I N .,.•,�: ._ . . .,..:z_,,,,,�::,�:..:; &egistered Owner Uiy, Lggal Owner _ =c:,- .4s• •meq (1) Year Make Model Color Lic.# V I N Lic E Date: Registered Owner Legal Owner Buyer. (AVAP#2:rev.8-11-99) u • IMPORTANT NOTICE Vehicles removed from private property under this Program cannot be returned to the property or registered owner and will be dismantled per California Vehicle Code Section P 22661 (f), which states: The requirement that after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates orhistorical vehicle license plates,pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable. For more information regarding horseless carriage orhistorical license plates contact your local Department of Motor Vehicle Office. Ac . (� Lliitttit of &111rz (tlLIM i Offirr of 111r #11rriff Warren E.Rupf Sheriff April 10, 2001 Terry A. & Peggy Holcomb John & Louise Nielsen 3127 A. Diablo View Rd. Lafayette, CA 94549 RE: Vehicle Abatement Action- 3127 Diablo View Rd., Lafayette Dear Sir/Madam: The appeal hearing that you requested before the Zoning Administrator has been scheduled for Monday, May 7,2001. The hearing will be held at 1:30 p.m., Board of Supervisors Chambers, 651 Pine St., Martinez. Should you have questions regarding this hearing, please contact me at (925)313-2796. Sincerely, WARREN E. F, Sheriff Nancy Perry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road• Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...." (gaimilj of ( iilra (gII5ta (Offifr of fhr 4hrriff Warren E.Rupf Sheriff April 24, 2001 Terry A. & Peggy Holcomb John & Louise Nielsen 3127A Diablo View Rd. Lafayette, CA 94549 Dear Sir/Madam: The Appeal Hearing before the Zoning Administrator, which is scheduled for May 7, 2001, 1:30 p.m, has been rescheduled for 3:30 p.m., Room 107, 1" Floor, 651 Pine St., Martinez, CA. If you need any additional information regarding this matter, please call me at (925)313-2796. Sincerely, WARREN E. R heriff Nancy Perry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road• Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...." o st. • � o 4:. (�tillttTfj of &ntttra Wf f irr [if tltr i�)ltrriff Warren E.Rupf Sheriff May 8, 2001 Terry A. & Peggy L. Holcomb John & Louise Nielsen 3127A Diablo View Rd. Lafayette, CA 94549 Dear Sir/Madam: The Appeal Hearing that you requested before the Zoning Administrator was held on Monday, May 7, 2001. The decision of the Zoning Administrator is that you have 7 days to contact the Vehicle Abatement Officer and demonstrate that the vehicles are operable. An operable vehicle must start using its ignition system, move forward and backward using its transmission, and stop using the vehicle's braking system; the windshield and other required glass must be intact. To set up an appointment please call me at(925)313-2796. You have the right to appeal the Zoning Administrator's decision before the Board of Supervisors. Your appeal request must be made in writing to the Clerk of the Board, 651 Pine St., 1s' Floor, Martinez, CA 94553., on or before 5 p.m., May 18'h, 2001. Sincerely, WARREN , Sheri f ee, Coordinator N ncy erry W Abandoned Vehicle Abatement Program cc: 1980 Muir Road • Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...." 0 0 LAW OFFICES OF DAVID J. HOLCOMB RECEIVED ATTORNEYATLAW MAY 15 2001 3201 DANVILLE BLVD'., SUITE 295 CLERK BOARD OF SUPERVISORS AL-AMO, CA 94507 CONTRACOSTACO. EMAIL holcomotiV—gol.coin PHoNE (925)939-7700 FAx(925)837-3352 May 15, 2001 CLERK OF THE BOARD OF SUPERVISORS 651 Pine Street, 1" Floor Martinez, CA 94553 Re: Terry A. Holcomb 3127 Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 NOTICE OF APPEAL OF ZONING ADMINISTRATOR'S MAY 8, 2001 DECISION TO ABATE "INOPERABLE" VEHICLES. Dear Madam/Sir: I represent, Terry Holcomb, the owner of the personal property which is the subject of an action by the Sheriff's Department and the Abandoned Vehicle Abatement Ordinance Enforcement Officer. Mr. Holcomb appeals "the decision of the Zoning Administrator . . . that you have 7 days to contact the Vehicle Abatement Officer and demonstrate the vehicles are operable" or be subject to abatement, as set forth by letter of May 8, 2001 from the Office of the Sheriff', Nancy Perry White, Coordinator, Abandoned Vehicle Abatement Program, a copy of which is attached. This decision followed a hearing on May 7, 2001. This appeal is pursuant to Section 430-8.014 of the County Code, and is made on the following grounds: 1. The required Notice of Intent to Abate Abandoned Vehicles is defective; 2. The Enforcement Officer and the Zoning Administrator have acted in excess of the County's abatement power pursuant to County Code Section 430-6.004, by threatening to abate alleged "inoperable" vehicles which are not abandoned, whereas the Enforcement Officer has been empowered only to abate abandoned vehicles which also constitute a public nuisance, according to the existing law; 3. There is no definition in the law of an"inoperable" vehicle subject to abatement, such that the subject ordinance fails to meet Constitutional standards for enforcement, even if the Enforcement Officer were determined to be legally authorized to abate same; 4. The Enforcement Officer is applying arbitrary definitions of operable and inoperable to supposedly establish that a vehicle not currently being operated on the road is automatically a public nuisance, without the agency first demonstrating the vehicles are both abandoned and constitute a public nuisance; 5. Federal Law preempts all local regulation of ham radio antennas, and two of the subject items constitute supports for ham radio antennas; and 6. Mr. Holcomb's fundamental Constitutional rights are unreasonably infringed by this threatened government action to deprive him of his use, ownership and enjoyment of his private property. Furthermore, none of the items is visible from the public street and none constitutes a public nuisance according to any legal definition, including both Common Law and the County's Abandoned Vehicle Abatement Ordinance. Mr. Holcomb and I both believe my client is being singled out for groundless harassment, because of the continuing complaints of a single neighbor with a history of trespassing and harassment. ry truly yours, V DJH/bms CC: Nancy Perry.White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road Martinez, CA 94553-4800 Lee Timmons, Abandoned Vehicle Abatement Officer 1980 Muir Road Martinez, CA 94553-4800 2 OS/29/01 14:25 P. 001 CONTRA COSTA COUNTY Clerk of the Board Inter-Orrice Memo DATE: May 29, 2001 Post-Ir Fax Note 7671 natesPq Wig► TO: Nancy White, Coordinator TO tn F,dm Abandoned Vehicle Abatemen eoJoept. Co. M FROM: Danielle Kelly, Deputy Clerk Phone a Phone Clerk of the Board of Supervis I Fax y Fax y SUBJECT: Appeal by Terry A. Holcomb 3127 Diablo Vicw Road, Lafayette APN #169-070-0511 Ms office is in receipt of the attached Appeal from David J. Holcomb, Attorney at Law, representing Mr. Terry A. Holcomb, 3127 Diablo View Road,Lafayette, APN#169-070-051-1, from the decision of the Zoning Administrator declaring as a public nuisance, the vehicles located at the above mentioned address. The Board of Supervisors has scheduled this appeal for hearing on August 14, 2001, 9:00 a.m. in the Board Chambers. Tf the appeal is to he heard on August 14,2001, as scheduled,please submit the appropriate material for Board consideration to this office not later than July 9, 2001. Thank you. attachment cc: County Counsel MAY-08-2001 11:50 CCC BLDG INSP 925 646 4450 P.01 Post-110ax Note 7671 s o� N11 ITS From CO�� CC C S14 m Co, Phone k �tILbW�Sls CTi Phone N 3s-a be Pax a 313-1-1� Fax n CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Terry Holcomb APPLICATION NO. 2100-,90 3127 Diablo View Road Lafayette, Calif. 94549 ASSESSOR'S PARCEL NO.169-070-051 • OWNER: (Same m above) ZONING DISTRICT: R-20 APPROVAL DATE: 15 April 19911 EFFECTIVE DATE:25 April 1991 This matter not having been appealed within the time prescribed by law, a permit for ESTAEUSFiME U OF A HOME OCCU PATTON FOR A GR ERAL CONSTRUCTION BUSINESS, is hereby granted, subject to the attached conditions. HARVEY E. BRAGOON - Director, Community Development Department By: L. Fleming - Chlef, Land Development Unless otherwise provided,. THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective date if the use aLLowed by this permit is NOT established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. MAY-08-2001 11:50 CCC BLDG INSP 925 646 4450 P.02 CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2100-90 1. This approval is for a home occupation of limited office activity related to general construction, which is to be conducted within the residence, subject to the conditions listed below. it i 2. There shall be no services for sale except that produced from or made on the premises'. 3. The use shall not generate vehicular traffic in excess of that normally associated with single family residential use. 4. Not more than'one room or 25% of the habitable floor area of the principal structure, whichever is greater, shall be used for the home occupation. S. There shall be no exterior indication of the home occupation 6. No exterior sign shall be used. 7. No noise, odor, dust, fumes, vibration, smoke, electrical interference or other interference with the residential use of adjacent properties shall be created. 8. No persons shall be employed, except the applicant, in the conduct of the home occupation. 9. The use authorized by this permit is valid for three (3) years from the effective date. It will be necessary to reapply in 1994, with yearly reviews subject to--the Zoning Administrator's discretion. 10. No storage at the site including vehicle storage shall be associated with the contracting business or any other enterprise, business, activity or use not permitted in the R-20 Single Family Residential Zoning District. 11. All outdoor storage on the site related to Single Family Residential, shall not exceed that within the fenced enclosed areas and shall not exceed the height of the fenced area. 12. The following requirements pertaining to drainage, road, and utility Improvements will require the review and approval of the Public Works Department: Any violations or alleged violations on the property be resolved within a 30-day-period and if not resolved within a 30-day period, application will be brought back to the Zon- ing Administrator for revocation at that time. A. Provide additional off-street parking acceptable to the Zoning Administrator. ADVISORY NQTES A. Applicant shall comply with the Park Dedication Fee Ordinance. MAY-08-2001 11:50 CCC BLDG INSP • 925 646 4450 P.03 2, B. The applicant will be required to pay an environmental review fee for the Department of Fish and Game at the and of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa county for submittal with the final environmental documents. C. Comply with the requirements of the Building Inspection Department. D. The applicant will be required to comply• with the requirements of the Bridge/Thoroughfare Fee Ordinance of the Central County Area of Benefit as add)ted by the Board of Supervisors. DD/aa LUPXXI X/2100-90C.D D 2/21/91 4/4/91 �.. 4/15/91 - Rev,Z,A. (v) TOTAL P.03 AiZRLWeb: Memorandum O on and Order in PRB-1 • Page 1 of 8 ir ..1; F.Y.!, •'=r-.'u•:,i: The nationslasnoch'itton for .1 J'r r, f3 ,i AMATEUR RADIO t; ,. fir -+ V .. Y."' .1... T 1 _ _ L 1 Memorandum Opinion and Order in PRB-1 Ple:r.o-andu:n Opinion and Order in PRB-1 RECEIVED BeIoLe the Federal Co:iLmuni.cations Commission FCC 85-506 V', SEP 1 1 10U1 ^GSningziOn, JC 20554 36149 CLERK BOARD OF SUPERVISORS Ir_ the Matter of CONTRACOSTACO. Federal preemption of state and ) FRB-1 local regulations pertaining ) to tTa-eur radio facilities. ) 1,-'E-:OR ANDU!�, OPINION AND ORDER ==do ped: September 16, 1985 ;Released: September 19, 1985 3v the Co:-,up.ission: Commissioner Rivera not participating. E3ac'.-;around On July 16, 1984, the American Radio Relay League, Inc =RRL) file--: a. Request for Issuance of a Declaratory Ruling asking us to delineate t.-ie limitations of local zoning and other local and s-ate req_ulatory authority over Federally-licensed =-adi.o facilities. Specifically, the ARRL ..;anted an explicit sta-ement that .•:ould preempt all local ordinances which provably _)reclude or sigiificantly inhibit effective reliable amateur radio comm--mica_-,ons. The ARRL acknowledges that local au-hor=ties can regulate amateur installations to insure the sj. iety and health of persons in the community, but believes that _',-ose i.egulatiors Cannot be so restrictive that they preclude e�i-ecti- e arL:::teur comm-un? ratio- !. Inter:-'s-ed parties !.acre advised t1hat they could file., cc.mr:len;:S -:l the I!'.at er. \-n I/ With e :tension, collllllentS were due on or before D_:,;ember 26, 1 98.4, \fn 2/ with reply comments due on C%efc_e Ja:lu: rV 25, 1x85 \f 1 3� Over sixteen hundred comments r.e fi-le Ordina:ces 3. Co—i-_li= .•e tweCn amr.teur operators regarding radio antennas and local authorities regardinco restrictive ordinances c._.. C'<'„ll:lon. The om.ateur operator is governed by the regulations conalr:+.d-� '._n P a r L 97 of our u1es. Those rules do not lifal.i: the andIS/field/regulations/local/prb-l.html ��9/11/2001 ARRLWeb: Memorandum 0 and Order in PRB-I • Paoe 2 ol'S • t:eight of an amateur antenna but they require, for aviation_ safety reasons, that certain FPA notification and FCC approval procedures must be followed for antennas which exceed 200 feet in height above ground level or antennas which are to be erected near airports . Thus, under FCC rules some antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures in :Leight and location, e.g. to side: or rear yards, for health, safety or aesthetic considerations. These limiting regulations can result in conflict because the effectiveness of the comrlun' cations that emanate from an amateur radio station are directly dependent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operat'.rig in certain bands allocated for their use if the height o{ their antennas is limited by a local ordinance. 4 . Examples of restrictive local ordinances were submitted by several amateur operators in this proceeding. Stanley J. Cichy, San Diego, California, rioted that in San Diego amateur radio ancenrlas come under a structures ruling which limits building c:ic",3 to 30 feet . Thus, antennas there are also limited to 30 feel. Alexander Vrenios, Mundelein, Illinois wrote that an o_d_narice or the Village of Mundelein provides that an antenna crust he a distance from rhe property line that is equal to one ar:d one-half times its height. In his case, he is limited to an arrtenna tower for his amateur station just over 53 feet in he.igh'-. 5. John C. Chapman, an amateur living in Bloomington, Nir.n.esota, commented that he was not able to obtain a building pe.:rlit to install an amateur radio antenna exceeding 35 feet in heigh7_ because the Bloomington city ordinance restricted "structures" heights to 35 feet. Mr. Chapman said that the ordinance, when written, undoubtedly applied to buildings but was now being applied to antennas in the absence of a specific ordinance regulating them. T•rlere were two options open to him if he ..anted to engage in amateur comlrunications. He could request a variar:ce to tie ordinance by way of hearing before the City Council, or he Could obtain: affida-v'i.ts from his neighbors S"I.-ariI'll g t.nat they had no objection to the proposed antenna instail.atiort. He got the building permit after obtaining the Cooperation of his neighbors. His concern, however, is that he h d to get per-Mi ssion from several people. before he could effectively encracge radio comr,Iunications for which he had a valid 'C'C arinteur license. 6. In addition to height restrictions, other limits are enacLe•d by local jurisdictions--anti-climb devices on towers or fences around them; minimum distances from high voltage power liners; rr.inimum distances of towers from property lines; and req!:ja�ions pertaining to the structural soundness of the antenna :.nsi_al.l at.ion• By and large, ari,ateurs do not find these safety t=recau'.-oris objectionable. 6 }-:at they do object to are the t sol�•.�� �:r:�es rC`_`Ii...itiVe, nor.-refundable, ar�p'_icati on _cling fees to obz�.:Iin a per11,4 to erect an antenna installation and those p_o.isions n ordinances wriich regulate antennas for purely • �5 }'ei:iC. reason; . .The ar;Iateurs contend, almost universally, "beauty i.s i.n the eye, of the be hoIder. " They assert that an a l't-nn—a ins Lallution is not. I:lore aes Ltletical.ly displeasing Lhan. ollbjecL.s that people keeK.'- on their property, e.g. motor pi c}:-ur, truc,,.s, solar collectors and gardening htth:/!ww��.arrl.or`�/1'andl S/lield/regulations/local/hrb-l.html 9/11/2001 ARRLWeb: MemorandumOrion and Order in PRB-1 • Page 3.of'8 Restrictive Covenants 7. Amateur operators also oppose restrictions on their amateur operations which are contained in the deeds for their ho-1.es or in their apartment leases. Since these restrictive covenants are contractual agreements between private parties, Utley are not generally a matter of concern to the Commission. Hyo :ever, since some amateurs who commented in this proceeding provided us with exar:lples of restrictive covenants, they are included for information Mr. Eugene 0. Thomas of Hollister., California included in his corptients an extract of the Declaration of Covenants and Restrictions for Ridgemark Estates, County of San Benito, State of California. It provides: No antenna for transmission or reception of radio signals shall be erected outdoors for use by any dwelling unit except upon approval of the Directors. No radio or television signals or any other form of electromagnetic radiation shall be oerm.itted to originate from any lot which may unreasonably interfere with the reception of television or radio signals upon any other lot. Wilson, Jr. provided a copy of the restrictive covenant c ):;tained in deeds for the Bell Martin Addition ;r'2, Irving, It is binding upon all of the owners or purchasers of the :lots in the said addition, his or their heirs, executors, adr•.•:i:Iistrators or assigns. It reads: A;o antenna or tower shall be erected upon any lot for the purposes of radio operations. ,ti- .__ar. J. Hamilton resides in an apartment building in Gladstone, Missouri. fie cites a clause in his lease prohibiting the erection of an antenna. He states that he has been forced to give up operation amateur radio equipment except a hand-held 2 meter (144-144 MHz) radio transceiver. He maintains that he should not be penalized just because he lives in an apartment. Otter_ restrictive covenants are less global in scope than those cited above. For example, Robert Webb purchased a home in Hous-_or, Texas. His deed restriction prohibited "transmitting or rece_,_ving ar.tenn_as extending above the roof line. " 4 . Amateur operators generally oppose restrictive covenants `or several reasons. They ma=ntain that such restrictions limit the places that they can reside if they want to pursue their k;y ofarl.ateur radio. Some state that they impinge on First %1�.F•n'.^il.Ie,'n- rights of speech. Others believe that a constitutional rigr.t is being abridged because, in their view, everyone has a right Lo access the airwaves regardless of where they live. . 9. ;he contrary belief held by housing subdivision c.omvi,.un:'Lies and CondoifliniuP. or homeowner's associations is that a?r:ateur rad-' o instal-ations constitute safety hazards, cause ...._terference to other electronic equipment which may be operated ir. the horse (television, radio, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the housing d--_:t .elor=Lent or apartment complex. To counteract these negative ::sem uc :ic:es, the s ibdivisions and associations include in their deeds, leases or by-la,.":s, restrictions and limitations on the I i xi.lOr1 and heia'DL. of nter:nas or, in some cases, prohibit thein ra:together. The restrictive covenants are contained in the htth:ll�r��w.arrl.or�:/I andES/stoics/regulations/local/pl'b-1.I1tmI 9/11/2001 ARRI_Web: Memorandum 00on and Order in PRB-I � Paae 4 of S contractual agreement entered into at the time of the sale or lease of the property. Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are in effect or settle elsewhere. Supporting Corrments 10. The Department of Defense (DOD) supported the ARRL and emn hasized in its comments that continued success of existing national security and emergency preparedness telecommunications plans involving amateur stations would be severely diminished if state and local ordinances were allowed to _prohibit the consLruction and usage of effective amateur transmission facilities. DOD utilizes volunteers in the Military Affiliate Radio Service (MARS) , \fn 4/ Civil Air Patrol (CAP) and the Radio Amateur Civil Emergency Service (RACES) . It points out that these volunteer coirLmunicators are operating radio equipment installed in their homes and that undue restrictions on antennas by local. authorities adversely affect their efforts. DOD states than_ the responsiveness of these volunteer systems would be impaired if local ordinances ante--fere with the effectiveness of :hese important rational_ telecommunication resources. DOD favors the issuance of a ruling that mould set limits for local and state regulatory bodies when they are dealing with amateur stations. 1'. . Various chapters of the American Red Cross also came forward to support the ARRL's request for a preemptive ruling. The Red Cross worts closel.v with amateur radio volunteers. It believes that w•;4thouu amateurs' dedicated support, disaster relief operations would significantly suffer and that its ability to serve disaster victims would be hampered. It feels that antenna height limitations that might be imposed by local bodies negati-vely affect the service now rendered by the volunteers. 1.2". Cities and counti-es from various parts of the United States filed comments in support of the ARRL's request for a Federal preemp'_ion ruling. The comments from the Director of Cavil. Defense, :'ort Arthur_, Teras are representative: The F r-ateur :alio Service plays a vital role with our Civil Defense program here in Port Arthur and the design of these antennas and towers lends greatly to our ability to communicate during times of disaster. We do not believe there should be anv restrictions on the antennas and towers except fcr reasonable safety precautions. Tropical storms, hurricanes and tornadoes are a way of life here on the Texas Gulf Coast and good co_[munications are absolutely essential .:hen preparing for a hurricane and even more so during recovery c-;-:rati.ons after the hurricane has past. _._ "he ;)'.la'_ ler Century 'l'Ji relcss Association took. a strong Stc;:ld .[i C.Joi' OL the Issuance of a declaratory ruling. It bel-'eves tt:at Federal preemption is necessary so that there will be u.rl.lformity lcr a] 1 PTAc.,teur Radio installations on private ct�' t:hr'ougr.out the United States . 14 . In _ is cors-,ment s, the A'RRL arq-ued that tile Commission has tate lu isdi_c .ion to puree:l_:t certain local land use regulations .......ch frustr.a'._e or proh.ibiL amateur radio colrmiunications. It said t.i.a:. ti-ie ;__pre:� E. talc. :s ar:dard i n p eery:nti.on cases its riot the e:•:ter.t. of stat;- and local iriterest in a given regulation, but littp://NvxN•xv.arrl.or�,,/FaiidES/field/rCgul,ltions/local/prb-1.litm1 9/11/2001 ARRLWeb: MemorandumOrion and Order in PRB-1 • Page 5 of S rather the impact of the regulation on Federal goals. Its position is that Federal preemption is warranted whenever local government regulanions relate adversely to the operational aspects of amateur communication. The PRRL maintains that localities routinely employ a variety of land use devices to preclude the installation of effective amateur antennas, including height restrictions, conditional use permits, building set+7acks and dimensional limitations on antennas. It sees a declaratory ruling of Federal preemption as necessary to cause municipalities to accommodate amateur operator needs in land use planning efforts. 15. James C. O'Connell, an attorney who has represented several amateurs before local zoning authorities, said that requi.ring amateurs to seek variances or special use approval to erect reasonable antennas unduly restricts the operation of amateur stations. He suggested that the Cornunission preempt zoning ordinances which impose antenna height limits of less than 65 feet. . He said that this height would represent a reasonable accommodation of the communication needs of most amateurs and the legi.timate concerns of local zoning authorities. Opposing Comments lc. The Qty of La Mesa, California has a zoning regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. This regulation has neither the intent, nor the effect, of precluding or inhibiting effective and reliable communications. Such antennas may be built as long as their construction does not unreasonably block views or constitute eyesores. The reasonable assumption is that there are always alternatives at a given site for different placement, and/or methods for aesthetic treatment . Thus, both public objectives of controlling land use for the public health, safety, and convenience, and providing an effective communications network, can be satisfied. A blanket to completely set aside local contr=ol., or a ruling whish recognizes control only for the purpose of safety of antenna construction, would be contrary to. . . legitimate local control. 17 . Comments from the County of San Diego state: While we are aware of the benefits provided by amateur operators, we oppose the issuance of a preemption ruling which would elevate antenna effectiveness ' to a position above all other considerations. We must, however, argue that the local government must have the ability to place reasonable limitations upon he placement and configuration of amateur radio transmitting and receiving antennas. Such ability is necessary to assure that the local decision-makers have the authority to prore,_t the public health, safety and welfare of all citizens. In conclusion, I would like to emphasize an important difference between your regulatory powers and that of local. governments. Your Commission's approval of the preemptive rrequestsS•;(>'�]_d eSt?bilSn c, "national policy. " However, any regulation adoptee; by a local jurisdiction could be overturned by our C:i:i:T;lission or a court if such regulailon was determined to u nr.. _sonable. 18 . .TAH City of. Anderson, Indiana, summarized some of the littl)://\ww\v.auLur`MOndES/field/regulations/local/pr&l.hurl 9/11/2001 iIRRLWeb: Memorandum O*on and Order in PRB-1 s Page 6 ole 8 problems that face local communities: I am sympathetic to the concerns of these antenna owners and I understand that to gain the maximum reception from their devices, optimal location is necessary. However, the preservation of residential zoning districts as "liveable" neighborhoods is jeopardized -by placing these antennas in front yards of homes. '-l4jor problems of public safety have been encountered, _.rticularly vision blockage for auto and pedestrian access. In addition, all communities are faced with various building lot sizes. Many building .Lots are so small that established setback require-ments (in order to preserve adequate air and light) are vulnerable to tine u-ireculated placement of antennas. . . .the exercise of preemptive authority by the FCC in granting this request would not be in the best interest of the general. public. 19. The National Association of Counties (NACO) , the American Planning Association (APA) and the National League of Cities (NCS,) all opposed the issuance of an antenna preemption ruling. TACO emphasized that federal and state power must be viewed in harrrrony and warns that Fe_;oral intrusion into local concerns of 1-.ealth, safety and welfare could weaken the traditional police power exercised by the state and unduly interfere with the lecitimate activities of the states. NLC believed that both Federal and 'local interests can be accommodated without pre'emptinq local authority to regulate the installation of amateur radio aniennas. The APA said that the FCC should corr_inue to leave the iSSUE: of regulating aIriateur antennas with the local government and o-%ith the state and Federal courts. Discussion 20. When considering preemption, we must begin with two c:or; s_i_ut_onal provisions. The tenth amendment provides that any r•o,. ers which the constitution either does not delegate to the �initerl States or does not prohibit the states from exercising are reserved to the states. These are the police powers of the states. The Supremacy Clause, however, provides that the constitution and the lal%s of the United States shall supersede ar:v state law to the contrary. Article III, Section 2 . Given t':e5e basic preii'Li Ses, State laws Inlay be preempted in three ways: '_rSt, Congress may expressly preempt the state lava. See Jones Rath Packinq Co. , 930 U.S. 519, 525 (1977) . Or, Congress may indicate i.ts intent r.o completely occupy a given field so that an,p. state .l.a:: encorpassed 1.-J.thin that field would implicitly be _ ., r.: t:d. Such i.nten- to preempt could be found in a c< r_=1r SlCrra_ re:aulat.o'_y sci�er.Ie that was so pervasive that 1t .'-oll.l.c. b reaso:nable to assume that Congress did not ihtend to ::Rlt the S-.ateS to su.pc•l.e:Tier'.t li. . See !'idellty Federal Savings & Loan Ass 'n v. de la Cuesta, 958 U.S. 191, 153 (1982) . Finally, preemption may be warranted %i;err state law confl.i.cts with federal l.a.a. SL':_i conflicts 11av occur when "cornpll' ance :rith both Federal and state regulations -is a physical -impossibility, " Florida Lime .` ocadio C:ro:a�rs, Inc. v. Paul, 373 U.S. 132, 192, 193 (1963) , or .:.`_c'l state .lae%; "stands as an obstacle to the accomplishment and e::ecu_ion of the full purposes and objecLlves of Congress, " Hires %7. Davidowitz, 312 U.S. 52, 67 (1991) Furthermore, -egl: atiolns have tyre sarae preer:i_)tive effect as federal sL.a`_ues, Fldeliz y Federal Savings & Loan Association v. de la 11ttp:/,www.arrLorg/Fandl S/tieId/regulatIOnS/Iocal/prb-1.11till] 9/11/2001 F:RRLWeb: Memorandum Oon and Order in PRB-1 Pace 7 of S Cuesta, supra. 21. The situation before us requires us to determine the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operators. 22. Few matters coming before us present such a clear dichotomy of viely; point as does the instant issue. The cities, countries, local communities and housing associations see an obligation to all of their citizens and try to address their concerns. T_ is is accomplished through regulations, ordinances or covenants oriented toward the health, safety and general welfare of those they regulate. At the opposite pole are the individual amateur operators and their support. groups who are troubled by local regulations which may inhibit the use of amateur stations or, in some instances, totally preclude amateur com,,-iunications. Aligned with the operators are such entities as the Department of Defense, the American Red Cross and local civil defense and emergency organizations who have found in Amateur Radio a pool of skilled radio operators and a readily available back:u,_- network. in this situation, we believe it is appropriate to strike a balance between the federal interest in promoting a:llateur operations and the legitimate interests of local governments in regulating local zoning matters. The cornerstone on whit} will predicate our decision is that a reasonable accom-r.odation may be made between the two sides. 23. Preemption is primarily •a function of the extent of the conflict between federal and state and local regulation. Thus, in considering whether our regulations or policies can tolerate a state regulation, we may consider such factors as the severity of the corlf1i.ct and the reasons underlying the state's regulations. =n this regard, we have previously recognized the legitimate and iriportant state interests reflected in local zoning regulations. cor example, in Earth Satellite Communications, Inc. , 95 FCC 2d 1213 (1983) , recognized that countervailing state interests inhere in the present sitUazion. . . For exailiple., we do not wish to preclude a state or _oca=ity frorr. exercising jurisdiction over certain elements of an SMATV operation that. properly may tall within its authority, such as zoning or public safety and health, provided the regulation in auestion is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so _.Ori^ as the Iion-feciera-1 regulation is applied ill a nondiscriminatory manner. 24 . Simi..larly, we recognize here that there are certain general state and local ir.teres'Ls which may, in .their even-handed application, legitilllately affect amateur radio facilities. L'iOneth=:less, t1r-,re is also a strong federal interest in promoting arta teur coim'lun�.cations . Evidence of this interest Iliay be found in the comprehensiv:� set of rules that the Commission has adopted regulate the a_ aiteur service. \fn 5/ Those rules set forth procedures for tale licensing of stations and operators, frequency ..l ocar_inns, technical standards which amateur radio equipment MUS- ;f.eet and operating practices which amateur operators ?dust ___OtJ. reCc'Qnl?E hE' ariatr ur radio service as a voluntary, con:;.:iu:-�.ca:ticn service, pa.-tic:ularl;; i•:ith respect to p_ovi:iing emergency co::imunications. Moreover, r1he amateur radio ser ie,e provides a re_;F_'rvoir of trained operators, technicians and el lcLi_onic e::pr__arts who can I,e called on in tithes of national o -Lo_:al i_merCr::?_:1E:�. By ii_s rlaiure, .the Amai.eur Radio :service huh://���r��:arrLor��/I andLS/field/rculaUons/IOcal/1)I'b-1.hlml 9/11/2001 ARRLNVeb: Memorandum Von and Order in PRB-I Pa-e S o1'S also provides the opportunity for individual operators to further international goodwill. Upon weighing these interests, we believe a limited preemption policy is warranted. State and local regulations that operate to preclude amateur communications in their communities are in direct conflict with federal objectives and must be preempted. 25. Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect the effectiveness of amateur communications. Some a:r.ateur antenna configurations require more substantial installations than others if they are to provide the amateur operator with the communications that he/she desires to engage in. For example, an antenna array for international amateur conmiunications will differ from an antenna used to contact other amateur operators at shorter distances. We will not, however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be container: in local ordinances, such as mechanisms for special exceptions, variances, or conditional use permits. Nevertheless, local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to acco_r-nodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. \fn 6/ 26. Obviously, we do not have the staff or financial resources to review all state and local laws that affect amateur operations . We are confident, however, that state and local aovernments will endeavor to legislate in a manner that affords appropriate recognition to the important federal interest at stake here and thereby avoid unnecessary conflicts with federal policy, as well as time-consuming and expensive litigation in this area. Amateur operators who believe that local or state governments have been overreaching and thereby have precluded accomplishment of their legitimate communications goals, may, in addition, use this document to bring our policies to the attention of local tribunals and forums. 27 . Accordingly, the Request for Declaratory Ruling filed J,.:ly 16, 1984, by the An•.erican Radio Relay League, Inc. , IS GR==.:'TED to the extent indicated herein and in all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William J. Tricarico Secretary laSI nrndiJicd: 04:35 Rfl/, 10,4 pr 1995 ET l'tT�icuNhnr: a':;inf,ri�rrrl.r,r� CopYrighl % 1993, American Radio Maly League, Inc. All fthis Reser-cd. Iltth://w�rw.aryl.or`Jhandl�S/field/regulations/IOca1/pl'b-I.11tI11I 9/11/2001 Isyoup RETURN A[''--" - i on the reverse side? -0 ��(/ u, w 0 ■ ■ 00 fn y a==!D^w_.00 o x CD W m 'wawa n M`D3,06` .7 CD ~ m'^3j' oma C CD a c�p y o CDD CD m 000 a A V w a M E3 6 CD CD a -� y 9m CD ID lb o o.aw CD f a CD w°i n a - „ a m y A O ya o awo O" ,�, o �0 3 �a ro v m C1z n 0 '~`• F m o mQo (D O y o m o w t C f? a wm o o 3 <� '2. °-m A y J CD m m nm Y\ CD U O ID N ^Y F CD O V N N N O' N O C.`L O N CD N a w � w w N a a CD D CL N v ❑ ❑ ❑ CS A 0. N M MU CD m ' a E CD 3 ID m X CD CD Cl Cn s m fD CD !n J CD Cn N O CD y N CD Cn CD 0 0 � CD --I C mcn �' a w_ w � C,^a3 n Xow 3 D O O O C�"�1�CD 7 N ' @ O Cn NN c�D V.. El ❑ (D 7 F Cn51 ci D N. 0 Cn � O CD a En S En i a CD O (D (` N .n.. N CD nCD C v Cn CD O CD O CD O- CD O O. El 11 o T- D o m n < a w = CD Cb 0 Cn O c m m CD o -: CD Thank you for using Return Receipt Service. m , 0 1 M N 7^ dcr �. N O w r_ 2 Is your RETURN ADDRESS completed on the reverse side? (n o.--f:Ea -op oTcD D 2--j��'WR UNa yO^ mC -d.o N 63 15-3fyCD. 3 n o�ag 41 ° 3 FaR . 5-°OoaNoCyJ 0 CD m� dCD CL M 3 33 tn n c' c QA CD YJ n a O3 cD M4 c0 t=y � rn "D Ov �. o k�j c �1 v, 3= CDCD CN aM 'n W �' ❑ ❑ ❑ A A 5C p 6 y�N ( , m m a w CD m X 31 E CD CD N _ R4/(D 4y O 3 (D (n. _� O_ N n y C CD N ,Z) CD CCD. m a �/c �J 3 mo q x n� o CD O O N O to CLEl CD w o 0 cD CL En m rna co 0 3 6 0 m ? �. C _ N m m m 0 CD a m (,) LD El El o O v o m nCD JCCD D n y CD 0 c � m m a a FD" N Thank you for using Return Receipt Service. 0 O WaM cz IL LU CO The Board of Supervers Contra John Sweeten Clerk o1 the Board and Co County Administration Building Costa County Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez, California 94553-1293 County John Gioia,1st District Gayle B.Uilkema,2nd District tit r Donna Gerber,3rd District Mark DeSaulnier,4th District Federal D.Glover,5th District C()UHZ~ July 23, 2001 Mr. Terry A. Holcomb 3127 Diablo View Road Lafayette CA 94549 RE: 3127 Diablo View Road Lafayette CA 94549 Dear Mr. Holcomb, Pursuant to the request by David J. Holcomb of July 18, 2001, and pursuant to Ordinance No. 95-2, Section 430-8.014(b), you are hereby notified that your appeal from the decision of the Zoning Administrator relative to the vehicles you own, will be heard by the Board of Supervisors on September 11, 2001, at 9:00 a.m., in the Administrative Building, Board of Supervisor's Chambers, Room 107, located at 651 Pine Street, Martinez, California. (Corner of Escobar and Pine Streets). Very truly yours, John Sweeten, Clerk of the Board of Supervisors and County Administrator By I�t� l/� elk l Danielle Kelly, Deputy Clerk cc: County Counsel Sheriffs Office-Abandoned Vehicle Abatement Zoning Administrator-Community Development F JUL 18 '01 03:34PM LRW OFFICES P.1/1 LAW OFFICES OF DAVID J. HOLCOMB ATTORNW'AT(.4W 3201 OANMLLE BLVD..SurrE 295 ALAMO,CA 94507 EN4w.holcomotiv(a�aol.com PHONE(925)93a77o0 Fax(925)837-3352- July 87-33.512July is,2001 VIA U.S. MAIL AND FAX TO 925-335-1913 CLERK OF TBE BOAR OF SUPERVISORS ATT: Danielle 651 Pine Streets I'Floor Martinez, CA 94553 Re: 'ferry A. Holcomb 3127 Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 Dear Madam: This will confirm nary request and your agreement on behalf of the Board to continue the the August 14, 2001 hearing on my client's appeal of a Zoning Administrator's decision with regard to the Abandoned Vehicle Abatement Ordinance, based on my unavailability on August 14, due to prepaid vacation plans. The new appeal hearing date shall be September 11, 2001, at 9:00 a.m. You do not need to re-,notice me or my client for that date_ Thank you. truly yours, DA O DYHJbms CC: Nancy Petry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road Martinez, CA 94553-4800 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Terry A. Holcomb ) 3127 Diablo View Road ) Lafayette CA 94549 ) Re: Vehicle Abatement Appeal ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: Terry A. & Peggy L. Holcomb 3127A. Diablo View Road Lafayette CA 94549 John & Louise Nielsen 3127 A. Diablo View Road Lafayette CA 94549 Law Offices of David J. Holcomb 3201 Danville Blvd., Suite 295 Alamo CA 94507 Terry A. Holcomb P.O. Box 5566 Walnut Creek CA 94593 I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: July 23, 2001 '-4'n / Q v ll�t� Deputy Clerk, Danielle Kelly the Board of Su erv�rs John Sweeten p Contra • Clerk of the Board County Administration Building Costa and J County Administrator 651 Pine Street. Room 106 (925)335-1900 Martinez, California 94553-1293 County John Gioia, 1st District Gayle B.Uilkema,2nd District c�`t`=; :.• Donna Gerber,3rd District Mark DeSaulnier,4th District —� Federal D.Glover,5th District Tq COUH'� July 23, 2001 Mr. Terry A. Holcomb 3127 Diablo View Road Lafayette CA 94549 RE: 3127 Diablo View Road Lafayette CA 94549 Dear Mr. Holcomb, Pursuant to the request by David J. Holcomb of July 18, 2001, and pursuant to Ordinance No. 95-2, Section 430-8.014(b), you are hereby notified that your appeal from the decision of the Zoning Administrator relative to the vehicles you own, will be heard by the Board of Supervisors on September 11, 2001, at 9:00 a.m., in the Administrative Building, Board of Supervisor's Chambers,Room 107, located at 651 Pine Street, Martinez, California. (Corner of Escobar and Pine Streets). Very truly yours, John Sweeten, Clerk of the Board of Supervisors and County Administrator By %lGC l�ti+�r �l Danielle Kelly, Deputy Clerk cc: County Counsel Sheriff's Office-Abandoned Vehicle Abatement Zoning Administrator-Community Development JUL 18 '01 03:34PM LRW OFFICES P.1/1 LAW OFFICES OF DAVID J. HOLCOMB ATrORIVEYAT(_4W 3201 DANMLLE BLVD.,SUrm 295 ALAMO,CA 94507 EmAu.holcomotiyAwl.com PHONE(925)93s-7700 FAX(925)837-3352 7uly 18,2001 VIA U.S.MAIL.AND FAX TO 925-335-1913 CLERK OF TBE BOARD OF SUPERVISORS ATT: Danielle 651 Pine Street, I'Floor Martinez, CA 94553 Ile: 'ferry A. Holcomb 3127 Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 Dear Madam: This will confirm my request and your agreement on behalf of the Board to continue the the August 14, 2001 hearing on my client's appeal of a Zoning Administrator's decision with regard to the Abandoned Vehicle Abatement Ordinance, based on my unavailability on August 14, due to prepaid vacation plans. The new appeal hearing date shall be September 31, 2001, at 9:00 a.m. You do not need to re-notice me or my client for that date. Thank you. LAJ. O D111/bms CC: Nancy Perry White, Coordinator Abandoned'V'ehicle Abatement Program 1980 Muir Road Martinez, CA 9455314800 . � @ 00 § 3800, VOTM « o a \ § % \ � � w � •kinbul ue Blew noA 111!luesoid pue Idiam slgj GABS '9 o 1166 uuoj to I wal!w s„oolq algeogdde 941�oap'palsenbai si ldlaoaj wnlai J1 -ldlaoai 3 sm to luwl a4l uo sooeds aleudomdde ayl w polsonbai saowes 941 sol seal ialu3 'S W pp '813luu'94110 lual 041 uo AH3AIl3a(13131US38 9sJopuG'9ess0ippe O e41 to luebu pozuoylne uB of jo 'eassaippB e4j of papulsai tiaAllep luem noA 11 '4 O D -jagwnu 94101 lueoetpe a31S3nD3H 1d1333H NHnlM 0lolpe lo.lual asJopu3eljl1ie to 4oeq of xlye'eslmiaylp sUuLed eoeds Il spua pawwn6 e41 to sueew Aq elopie 941 to lual 941 of u.Loupe pue'I IBB olio j'pjeo ldleoai wnlai a uo ssaippe pue Gweu inoA pue jagwnu jpw pallluso 941 elum'IdlaoGi wnlai a luem noA 1! -6 Ln - •appe eyl I1ew puB'ldlao9i eyl ulelaj pue'4oelap'9lep'9lollue eyl to ssaippe wnlai mB sol l0 146u 941 of gnls pawwn6 ay►Mops'pa)pewlsod Idpoei sl4i luem lou op noA 11 'Z -(a6ieyo eilxe ou)iaweo 1Biru moA of 1!puey jo mopulm Bowes eolyo lsod a le elolue 841 luesaid pue 'pa4oepe idleoei eql 6ulneal sseippe wnlaj 94110 146U.941 0l gnls pawwn6 941 dolls'p9VBwlsod Idlam s14l luem noA 11 -1 "(luau Bag)saolnres leuolldo polooles Aus jol sa6je4a PUB'Gal liew palllliao'e6elsod ssela-lsjl j janoo of alolNe of sdwels e6elsod MollS : PS Form 3800, § %% a C3 gt� On ra w 40 U a � � � •Ninbw ue eNew noA j!U luesaid pue jdiaoei 5141 GABS '9 0 1►Sg uLoj jo 1 waj!ul goolq 9lgeogdde 941�loop'polsonbei'sl ldieoai wnlei jl •ldiaoei sl4l jo lual 941 uo seoeds 9leudadde oql ul pajsanbaj soolAJas 941 ioj sa91 JGlu3 'S coo 04110 luaj 941 uo AH3An3a a313IH1S3H esJopu9'9essaJppe O 041 jo jua6e pezu04jne ue 01 Jo '98ssaJppe e41 01 papulsai /uaAil9p ju m noA 11 '4 O jagwnu 94101 luaoelpe a31S3nt)3H 1dl333H Nvn.L3H _ elol,re 10 luaj esiopu3 •alorye jo joeq o►xljje'eslmiO4lp 'quad ooeds j!spue pawwn6 941 jo sueew Aq eloipB oql jo luoij 941011!4oepe pue'j lfl6 wood'pied ld!aoei wnlai a uo ssaippe pue Gweu moA pue jagwnu Ipw payppoo 941 ajum'ldlaoaj wnloi a Imam noA jp 'E -aplpe 941 p1ew pue'jdlam 941 uielei pue'4oelap'elep'ep!lve a41 jo ssaippe wnlaj CD 941 jo 146u 941 0l gnls pawwn6 941 dolls'pe)uew►sod id!eoaj si4►Imam lou op noA jl •Z POMP eJlxa ou)i9lLeo Ieuu inoA o►1!pue4 io mopulm eolnras eoWo lsod a ie'elo!IjB 941 juasaid pue 'paputle jdiem 941 6uiAeal ssGippe wnlai 941.jo 146u a4l of gnjs powwn6 eqj dolls'pe)pewlsod Idiom s!41 juem noA jl -1 (juoil Gag)seolAiss leuolldo pelooles Aue jo;se6je4o pue'eel Ilew pailipeo'eBalsod ssela-lsjl j ianoo of alollie of sdwels e6elsod jaljS 7 �, 7\ f k \ s % 7�m ri k / % / \ «% , « 40 � �■ C/) •tilnbui ue ejew noF 111!luesoid pue ld!aoai s!yl eneS •g T 0 1186 uuod 10 1 wel!ul sloolg elgeolldde eyl joay0'palsenbei si ldleoai wnlaj 11 •ldleoai I s!yl 10 luwl ayl uo saoeds eleudwdde ey1 ul palsenbei soowes eyl jol seal jalu3 'S W pp -e10!ue 941 10 lual eyl uo Akl3All30 a31aIH1S3H esJopue'eesseippe O eyl 10 lua6e pezuoylne ue of io 'aassaippe eyl of pal0ulsai FUanllap luem not 11 •4 O , D iagwnu 04101 lua0e[pe a31S3nt)3U M1333H Nmn.L3H el0!ye 10 luwl esr0pu3 •ol0!ye to Noeq of xlge'eslmjeylo •sl!uued coeds 1!spua pawwn6 ayl to sueaw IIq elb!ue ayl to luwl ayl of u pup pus,l lg£uuo j'pie0 ldposi wnlei a uo ssaippe pue eweu jnoF pue jagwnu l!ew pa!pyao eyl alum'ld!aoaj wnlal a luem no( 11 '£ cn -apple ayl I!ew pue'Idlaoai oyl ulelai pue'yoelap'alep'alo!ye 941 to ssaippe wnlei m eyl 10 ly6u eyl 01 gnls pawwn6 941 jo!ls'pa)pewlsod idlaoai slyl luem lou op not 11 •Z m ' f0myo eilxe ou)iapm leuu ino/of 1!puey io mopwm m eoltias eolgo lsod a le slo!lie eyl lussoid pue 'payoelle id!a0ai ayl 6umeel ssaippe wnlai ayl l0 146u ayl 01 gnls pawwn6 eyl dolls'pa)pewlsod ldla0aJ s!yl luem not 11 •1 •(luoy eag)seopues leuolldo polooles hue ioa so5jop pus'eat clew pa!111jeo'96elsod esela-lsilq ianoo of elolve of sdwels e6elsod jol1S PS Forth 3800,April 1995 3 > w3 3� S ? N n A o RL o CD m �` p dEr m z n7 hann�•z LJ m T Ila it (D y CD OaC.)O C. ntXb Ln a' a CL D � � � �� E' ti n O fn 'Aiinbut up ejew noA j!v,jugsaid pu�3 ! 41 Slqj 9ABS -9 0 L Lee wioj jo L wail Ul s.Noolq opeoildde 94110940'polsonbei sl idlooei wnjoi ll -1diom s141 to vuoi 9,41 uo.soopcis sjepdwd6 041 ut palsonbei soolmes a4l 101 saal JeJUB -S CD 'qoojv 784)10 IuO4 941 uo AU3A1I3Q 03101HISN esiopus'emsipp. 941;o juaft PGM041ne'up OOJO 'OOSSGJPPE 941 01 pappisai Aj9AllrJp juem noA 11 -t, > -jaqwnu 04101 I=Opu answou IdI333U None sloWe JO IuOjj mopu3 jo)peq of xgle'esme4lCi -spuued ends 1i spun powwnB sLa to suBew Aq 91011IV 94110 IUOJI 84101)1401a'ALI Pue't Lee uuo:j'Pn'3 Ldloo9i wnlw e uo ssaippe pup eumu inoA puff joqwnu flew paggiao 041 alum'Idloobi tunjej v juem noA jj -8 941 HBUJ PuB'00091 041 umi9i pup'Lpej9p'9jep 19ppe 941 to muppe wnigi I Gqj 10 14BLi Qqi of qnjs pewujn6 941)P4s'psydmisod id!aooj s141 jupm IOU op noA 11 -Z -(afijetpaijxaou)je!neoleiruinoAoilipueqjomoputm oolmos aoillo isod e lWaloilip 041 juesaid pup 'papeue, Idisooi 941 6UIA881 SSBJPPB wnjaj 941 to 146p 941 of finis powwn6 eql pis'pwpetulsod Ldle=sl4i juem noA ji I '(Iuoj{89S)mwes jeuot gdo petooles/us jol soBjeq* 41 Pup'Gal 119 .py!jjvao.'Ovisod aselt)-jej.1i isA.00 of olopiR..ot sdwals 9691sod11*11S 'RECEIVED LAW OFFICES OF DAVID J. HOLCOMB ATTORNEY AT LAW JUL 1 9 2001 3201 DANNALLE BLVD., SUITE 295 CLERK BOARD OF SUPERVISORS ALAmo, CA 94507 CONTRAGOSTACO. EMAIL holcotnotiv!!.aol.com PHONE (925)939-7700 FAx(925)837-3352 July 18, 2001 VIA U.S. MAIL AND FAX TO 925-335-1913 CLERK OF THE BOARD OF SUPERVISORS ATT: Danielle 651 Pine Street, I" Floor Martinez, CA 94553 Re: Terry A. Holcomb 3127 Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 Dear Madam: This will confirm my request and your agreement on behalf of the Board to continue the the August 14, 206'1 hearing on.my client's appeal of a Zoning Administrator's decision with regard to the Abandoned Vehicle Abatement Ordinance, based on my unavailability on August 14, due to prepaid vacation plans. The new appeal hearing date shall be September 11, 2001, at 9:00 a.m. You do not need to re-notice me or my client for that date. Thank you. UVJ DJH/bms CC: Nancy Perry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road Martinez, ;CA 94553-4800 GGG 9 TI \ / � \ `\\ _ � / . � � � \ \ O � � U) ry W Z) U) 0- (V 0 0 < LL 0 — cy) m U) LO Lo LLJ 0')Nr a) 91 < LL LD rn 0 Lu LO cu ■ Eq 0 00) 0 C14 r 2/ / R 2 � / � � . 006 E JUL 18 '01 03:34PM LAW OFFICES P.1i1 .0 9 L.Aw OFFICES OF DAVID J. HOLCOMB ATTORNWYAT L.4W 3201 OAN%A I E Bow..Sum 295 ALAmo,CA 9.4507 EMnu.holco nx otivf wLcom PHONE(925)93s-7700 FAX(925)B37-3352 7uly 18,2001 VIA U.S.MAIL AND FAX TO 925-335-1913 CLERK OF THE BOARD OF SUPERVISORS ATT: Danielle 651 Pine Street, 1 u Floor Martinez, CA 94553 Re: Terry A. Holcomb 3127 Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 Dear Madam: This will confirm my request and your agreement on behalf of the Board to continue the the August 14, 2001 hearing on my client's appeal of a Zoning Administrator's decision with regard to the Abandoned Vehicle Abatement Ordinance, based on my unavailability on August 14, due to prepaid vacation plans. The new appeal hearing date shall be September 11, 2001, at 9:00 a.m. You do not need to re-notice me or my client for that date. Thank you. trulyJO DA DA-1/bms CC: Nancy Perry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road Martinez, CA 94553-4800 �1 John Sweeten The Board of SupAisors Contra Clerk of the Board and County Administration Building Costa County Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez, California 94553-1293 County i John Gioia, 1 st District County JV t — O Gayle B.Uilkema,2nd District t`j;-` ='�: <• Donna Gerber,3rd District Mark DeSaulnier,4th District 's;' Federal D.Glover,5th District UrT'a COUN"� July 9, 2001 Mr. Terry A. Holcomb 3127 Diablo View Road Lafayette CA 94549 RE: 3127 Diablo View Road Lafayette CA 94549 Dear Mr. Holcomb, Pursuant to Ordinance No. 95-2, Section 430-8.014(b), you are hereby notified that.your appeal from the decision of the Zoning Administrator relative to the vehicles you own, will be heard by the Board of Supervisors on Tuesday, August 14, 2001, at 9:00 a.m. in the Administrative Building, Board of Supervisor's Chambers, Room 107, located at 651 Pine Street, Martinez, California. (Corner of Escobar and Pine Streets) Very truly yours, John Sweeten, Clerk of the Board of Supervisors and County Administrator 611,11-r Y Danielle Kelly, Deputy Clerk cc: County Counsel Sheriffs Office-Abandoned Vehicle Abatement "Zoning Administrator-Community Development P 160.253 804 US Postal Service .Receiut for Certified Mail Law Offices of David J. Holcomb 3201 Danville Blvd., Suite 295 Ala.-no CA 94507 Postage ✓ $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing td Whom&Date Delivered a Rehm Receipt Showing to Wham, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ M Postmark or Date 0 LL rn (L @ ©g«k ¥`pEams Ea - - ■ of - 2 - cck m -C. / 7 f 0 -§ §I 2IS J £$ 2 §27 2= k» §k • (a LLJ %§ §f { ] _ . cts gi of E �f\ !) (D .CL�\ � �k Z /k2 /k �) \ f 5 Be ' -a $ 22 � §� - }/ \/kkjk }L �� \ emM � > � & E § � cu \v f]># \L «f 0- r0) _ -c 22 _ ° ® t §/ ƒ{ t&§§ 22 e ® %0 {i§ §_ ƒkf§ 2§ ) ( D M 4 ■ ` 6\ [/ a)S E \ 2Z « f g[ � ® / - 'd {0 � E zf2 Ee2� 7E § - ` /\ /\ E // §\ \ kk }\} .&� w0 &■ �caui P 160253 803 US Postal Service Receiot for Certified Mail John: &Louise Nielsen 3127 A. Diablo View Road Lafayette CA 94549 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees Is th Postmark or Date 0 U- U) CL @ _g 2e1!jd¥ `08E©qs �\) ƒ _ - �E k �. ^ k ) / _ . E , \/ LL 10■�Q - } � S2 / co §- \\ \ \ \ \�f / � �E Q' ° ; ) C- E / 2$ a- - §� I 1! (� }� / L� j \{ \ o =o %� go{ 0k \� / jxf I.-- LU2 0 45 r) CLZ7k\ i§ ff �c Em 7f 'w LU 7� : E=CL \t) (_ /[ku k§ a ° f(- � _ e� Eo �� 2 - CL § E# .7 77 2 _ ■� ) � 2Z 22k� co _ cn cc \k /\� ■A� �) ■ E � �k {to k /kfƒ � E \- @a �kI-C. atm 4 ama P 1-60 253 802 US Postal Service Receipt for Certified Mail Terry A. Holcomb P.O. Box 5566 Walnut Creek CA 94593 Postage ✓ $ - —- - Certified Fee Special Delivery Fee Restricted Delivery Fee rn Return Receipt Showing to Whom d Date Delivered 8_ Return Receipt Showing to Whom, Q Date,8 Addressee's Address 0 TOTAL Postage&Fees $ ch Postmark or Date 0 LL d 4SJG«g«e@d¥`Oc©gs L\{ _ m-0 7' is E 2 - . C . § E . k _ �# kk §§ _ E \ A ]k \7 \- ; o - : off{ c ©ƒ OE)f\ §I f / } D- E 0 c § - L& _6 \2 3§§/ §� / t-0227 % � LL \ e E¥ 22k� ,2 ■ ; ■ �3 \a t])\ {LU �2 )- s{ {/Aw /§ /7 / ; S a � � - ' k� {f k ƒS W, k K \ ( M ° �k E20- OSLO t§ f / go 2Z « § %� 5n, 6 G\.§ e0 E ) / $c o k &$§ \ � - �§ k /) �k2§ /§ k k E - « / 22 2¥I w / �i § tm tIx4 § a26 P 160 253 800 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Terry A. & Peggy L. Holcomb 3127 A. Diablo View Road Lafayette CA 94549 Certified Fee Special Delivery Fee Restricted Delivery Fee u� Return Receipt Showing to Whom&Date Delivered Q Retum Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ Postmark or Date 0 LL U) o_ � 4sJe©g 281!jd¥`08E©gs 2 7] §f� - . M'a co , k/ E : E2 k k §mak j §' mE �=q k¥ 0 _ »kk %§ §C 7{ {\ » 2A . : ]k 0 Cc K� CD3s _ � k£wf2k�� © � k � ; Ezra* =lkk I £ )\ �kk �k { _ �$ �\ ƒ� CL Lu (a0 kms; « ' •= 5 ka t g £' 2> /t @ 0- (D L 0 i6 k§ �. B � § / 2cc § f\ kw�� k� \ / o }f k ƒk k in k k § \ k 2� k\ 28 a© , �a \ )f 2 IL / A. - � &# - E8 £ ` ) E ) o/ $)k j § t [)� - co ex 0 {_ 0 /E /kk§ � � �f / dk JkI w2 w § &� �% a ■ a BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Terry Holcomb ) 3127 Diablo View Road ) Lafayette CA 94549 ) Re: Vehicle Abatement ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: Terry A. & Peggy L. Holcomb 3127 A.Diablo View Road Lafayette CA 94549 John &Louise Nielsen 3127A. Diablo View Road Lafayette CA 94549 Terry A. Holcomb P.O. Box 5566 Walnut Creek CA 94593 Law Offices of David J. Holcomb 3201 Danville Blvd.,Suite5 Alamo CA 94507 I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: July 9, 2001 km.(Lt� Deputy Clerk The Board of Superkors Contra John Sweeten Clerk of the Board and County Administration Building Costa County Administrator 651 Pine Street, Room 106 (925)335.1900 Martinez, California 94553-1293 County John Gioia, 1st District ,e 6i- Gayle B.Uilkema,2nd District •c�==-`�_���• Donna Gerber,3rd District Mark DeSaulnier,4th District Federal D.Glover,5th District ;•' ter..,._•.,; rTA C�i1N"{'1 July 9, 2001 Mr. Terry A. Holcomb 3127 Diablo View Road Lafayette CA 94549 RE: 3127 Diablo View Road Lafayette CA 94549 Dear Mr. Holcomb, Pursuant to Ordinance No. 95-2, Section 430-8.014(b), you are hereby notified that your appeal from the decision of the Zoning Administrator relative to the vehicles you own, will be heard by the Board of Supervisors on Tuesday, August 14, 2001, at 9:00 a.m. in the Administrative Building, Board of Supervisor's Chambers, Room 107, located at 651 Pine Street, Martinez, California. (Corner of Escobar and Pine Streets) Very truly yours, John Sweeten, Clerk of the Board of Supervisors and County Administrator B Y Danielle Kelly, Deputy Clerk cc: County Counsel Sheriffs Office-Abandoned Vehicle Abatement Zoning Administrator-Community Development 7' -u > 0 cl OD 0 CD 3 , m — y CD cr o a', to m 3 m o 0 CD — C- tv - 6 \-1 '=-, - ;L_ CL c CL ) 7}, 2/ E;a. 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CD k3 \ \ 3 �§ ❑ {/ ƒ $ :3 cnCD - \ ( k CD2 3 0 • tn o o O m 2 N �O a'N O c) cmr �• N � o cy Qy N v a � Naomi• � N N Q/ N r • N 0 r 2 7 OFFICE OF THE SHWIFF WARREN E. RUPF Contra Costa County Sheriff Kathryn J. Holmes Undersheriff Field Operations Bureau (510)313-2500/2600 RECEBVE1- Date: June 25, 2001 �UUN 2 6 2001 To: Clerk of the Board-Attn: Danielle KellyCLERK BOARD OF SUPERVISORS CONTRA COSTA Co. From: Nancy Perry White, Coordina 9 Vehicle Abatement Pro =l Subject: Appeal to the Board by property owner, Terry A. Holcomb, 3127 Diablo View Rd., Unincoporated Lafayette, Hearing set for 8-14-2001, 9 a.m.; APN: 169-070-051 Request for Suspension of the Enforcement of AVAP Ord. 95-2 Please send hearing notices to the following individuals: Property Owners: Terry A & Peggy L. Holcomb John & Louise Nielsen 3127 A. Diablo View Rd., Lafayette, CA 94549 Vdhicle Owner: Terry A. Holcomb P.O. Box 5566 Walnut Creek, CA 94593 If you notice attorneys, Mr. Holcomb's attorney is: Law Offices of David J. Holcomb 3201 Danville Blvd., Suite 295 Alamo, CA 94507 Should you need further information, please call me at 3-2796. Thank you. I i • CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo DATE: May 29, 2001 TO: Nancy White, Coordinator Abandoned Vehicle Abatement Program FROM: Danielle Kelly, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Terry A. Holcomb 3127 Diablo View Road, Lafayette APN#169-070-051-1 This office is in receipt of the attached Appeal from David J. Holcomb, Attorney at Law, representing Mr. Terry A. Holcomb, 3127 Diablo View Road, Lafayette, APN#169-070-051-1, from the decision of the Zoning Administrator declaring as a public nuisance, the vehicles located at the above mentioned address. The Board of Supervisors has scheduled this appeal for hearing on August 14, 2001, 9:00 a.m. in the Board Chambers. If the appeal is to be heard on August 14, 2001, as scheduled, please submit the appropriate material for Board consideration to this office not later than July 9, 2001. Thank you. attachment cc: County Counsel i. . �R LAW OFFICES OF DAVID J. HOLCOMB RECEIVED ATTORNEYATLAW MAY 15 2001 3201 DAWILLE BLVD'., SUITE 295 CLERK BOARD OF SUPERVISORS ALAMO, CA 94507 1 CONTRACOSTACO. EMAIL holc01»Otiv(baol.com FHoNE (925)939-7700 FAx(925)837-3352 May 15, 2001 CLERK OF THE BOARD OF SUPERVISORS 651 Pine Street, I" Floor Martinez, CA 94553 Re: Terry A. Holcomb 3 127 .Diablo View Road Lafayette, CA 94549 APN 169-070-051-1 NOTICE OF APPEAL OF ZONING ADMINISTRATOR'S MAY 8, 2001 DECISION TO ABATE "INOPERABLE" VEHICLES. Dear Madam/Sir: I represent, Terry Holcomb, the owner of the personal property which is the subject of an action by the Sheriff's Department and the Abandoned Vehicle Abatement Ordinance Enforcement Officer. Mr. Holcomb appeals "the decision of the Zoning Administrator . . . that you have 7 days to contact the Vehicle Abatement Officer and demonstrate the vehicles are operable" or be subject to abatement, as set forth by letter of May 8, 2001 from the Office of the Sheriff, Nancy Perry White, Coordinator, Abandoned Vehicle Abatement Program, a copy of which is attached. This decision followed a hearing on May 7, 2001. This appeal is pursuant to Section 430-8.014 of the County Code, and is made on the following grounds: 1. The required Notice of Intent to Abate Abandoned Vehicles is defective; 2. The Enforcement Officer and the Zoning Administrator have acted in excess of the County's abatement power pursuant to County Code Section 430-6.004, by threatening to abate alleged "inoperable" vehicles which are not abandoned, whereas the Enforcement Officer has been empowered only to abate abandoned vehicles which also constitute a public nuisance, according to the existing law; • • 3. There is no definition in the law of an "inoperable" vehicle subject to abatement, such that the subject ordinance fails to meet Constitutional standards for enforcement, even if the Enforcement Officer were determined to be legally authorized to abate same; 4. The Enforcement Officer is applying arbitrary definitions of operable and inoperable to supposedly establish that a vehicle not currently being operated on the road is automatically a public nuisance, without the agency first demonstrating the vehicles are both abandoned and constitute a public nuisance; 5. Federal Law preempts all local regulation of ham radio antennas, and two of the subject items constitute supports for ham radio antennas; and 6. Mr. Holcomb's fundamental Constitutional rights are unreasonably infringed by this threatened government action to deprive him of his use, ownership and enjoyment of his private property. Furthermore, none of the items is visible from the public street and none constitutes a public nuisance according to any legal definition, including both Common Law and the County's Abandoned Vehicle Abatement Ordinance. Mr. Holcomb and I both believe my client is being singled out for groundless harassment, because of the continuing complaints of a single neighbor with a history of trespassing and harassment. Lyours, DJH/bms CC: Nancy Perry White, Coordinator Abandoned Vehicle Abatement Program 1980 Muir Road Martinez, CA 94553-4800 Lee Timmons, Abandoned Vehicle Abatement Officer 1980 Muir Road Martinez, CA.94553-4800 2 C' you' 1111 it 1111111ra (9 IT it O t it P lit tlir 'lirri t Warren E.Rupf Sheriff May 8, 2001 Terry A. & Peggy L. Holcomb John & Louise Nielsen 3127A Diablo View Rd. Lafayette, CA 94549 Dear Sir/Madam: The Appeal Hearing that you requested before the Zoning Administrator was held on Monday, May 7, 2001. The decision of the Zoning Administrator is that you have 7 days to contact the Vehicle Abatement Officer and demonstrate that the vehicles are operable. An operable vehicle must startusing its ignition system, move forward and backward using its transmission, and stop using the vehicle's braking system; the windshield and other required glass must be intact. To set up an appointment please call me at(925)313-2796. You have the right to appeal the Zoning Administrator's decision before the Board of Supervisors. Your appeal request must be made in writing to the Clerk of the Board, 651 Pine St., 1St Floor, Martinez, CA 94553., on or before 5 p.m., May 181h, 2001. Sincerely, WARREN !R , Sheri PSheriTNncy Perry W ' e, Coordinator Abandoned Vehicle Abatement Program cc: 1980 Muir Road • Martinez, California 94553-4800 (925) 313-2500 "Community Policing Since 1850...."